California v. Belche
Annotate this CaseDefendant Stephen Belche admitted violating probation in exchange for an agreed-upon sentence of three years on the original conviction. The trial court approved the admission agreement, formally revoked defendant’s probation, and ordered that probation would not be reinstated. While defendant was awaiting sentencing on the original conviction, he exposed himself to a jail nurse. The probation department filed a new petition to revoke probation based on the indecent exposure. The trial court found the new allegation true, again revoked defendant’s probation, and sentenced him to six years in state prison. On appeal of that sentence, defendant argued: (1) the trial court did not have jurisdiction to find he violated probation based on his indecent exposure after the trial court formally revoked his probation and ordered that it not be reinstated; and (2) the trial court erred in sentencing him to six years in state prison because he only agreed to a sentence of three years when he admitted the probation violation. After review, the Court of Appeal determined: (1) the trial court did not have jurisdiction to find defendant violated probation based on his indecent exposure because defendant’s probation had been formally revoked and not reinstated, terminating probation; and (2) the Court had to vacate the six-year prison term and remand for the trial court either to impose a three-year term or allow defendant to withdraw his admission made under the agreement.
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